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SHAMPA DUTT (PAUL)
Debapratim Neogie – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT
Shampa Dutt (Paul), J.—The present revision has been preferred praying for quashing of Charge Sheet filed in Durgapur Police Station Case No. 425 of 2018 under Sections 420 and 406 of the Indian Penal Code, 1860 pending before the Court of the Learned 3rd Chief Judicial Magistrate at Durgapur, Paschim Bardhaman.
2. The allegations made by the Opposite Party No. 2 in the Written Complaint are as follows:—
(i) “We, M/s Reliance Corporate IT Park Limited, are having our Regd. Office at Reliance Corporate Park Building No. 4, 5, TTC Industrial Area, Thane-Belapur Road, Ghansoli, Navi Mumbai - 400701 and local Office at a Neogie Auto Mansion, South NH2 City Centre Phaze II Durgapur District-Burdwan presently Paschim Burdwan, Circle office now at 17 & 18 th Floor, Tower No.-2, Godrej Waterside, Plot No. 5, Block DP, Sector - V, Salt Lake City, Kolkata - 700 091, formerly at Eco Space Business Park, 4th Floor, Block 3B, Rajarhat, New Town, Kolkata-700015.
(ii) We were looking for a suitable accommodation for our office and commercial purpose. In course of our search, we came in contact with above named Mr. Debapratim Neogie, Mr. Debabrata Neogie and Mr. Subrata Neogie, all Dir
Civil Disputes cannot be given colour of criminal cases as a pressure tactics.
The distinction between civil disputes and criminal offences is vital; mere breach of contract does not constitute criminal cheating without evidence of fraudulent intent.
Allegations of financial misconduct must establish criminal intent; mere breach of contract does not constitute a criminal offence under IPC sections 406 and 420.
The court established that allegations of criminal breach of trust and cheating require proof of entrustment and dishonest misappropriation, and that civil disputes can escalate to criminal offenses ....
The court affirmed that criminal proceedings cannot be used as leverage in civil disputes, emphasizing the need for proof of dishonest intent and necessary ingredients for offences claimed. Lack of v....
The main legal point established in the judgment is that the dispute between the parties was predominantly of a civil nature and could not be allowed to take on a criminal character. The court found ....
Criminal proceedings cannot be initiated for mere breach of contract; allegations must disclose a criminal offence to justify prosecution.
Main Legal Point
Breaches of commercial agreements do not constitute criminal offenses unless fraudulent intent is established at the outset, reinforcing that civil disputes should not be converted into criminal matt....
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